Question 1

CRISIS INFORMATION

Accepted Answer

THIS SERVICE IS NOT FOR MENTAL HEALTH CRISES OR EMERGENCIES.

IF YOU OR ANOTHER PERSON IS IN DANGER OR A LIFE-THREATENING SITUATION, CALL 911 IMMEDIATELY.

IF YOU ARE SUICIDAL, THE NATIONAL SUICIDE PREVENTION HOTLINE CAN HELP. CALL 988, OR NOTIFY LOCAL EMERGENCY PERSONNEL.

IF YOU INDICATE TO ANYONE DURING YOUR USE OF THE SERVICE THAT YOU ARE OR MAY BE IN CRISIS, YOU WILL BE REFERRED AWAY FROM SUPPORTIV TO SPECIALIZED SERVICES THAT ARE BETTER EQUIPPED TO ASSIST YOU. AFTER SUCH A REFERRAL HAS BEEN MADE, YOU WILL BE UNABLE TO RETURN TO THE SERVICE FOR AT LEAST 24 HOURS TO ENSURE THAT THE CRISIS PERIOD HAS PASSED. DURING THAT MINIMUM 24 HOUR PERIOD, THE SERVICE WILL NOT BE AVAILABLE TO YOU, AND YOU WILL INSTEAD SEE A SCREEN OF CRISIS SERVICE CONTACT INFORMATION.

IF YOU HAVE KNOWLEDGE OF CHILD OR DEPENDENT ADULT OR ELDER ABUSE, CONTACT YOUR LOCAL PROTECTIVE SERVICES AGENCY.

IF A USER SHARES INFORMATION THAT INCLUDES SPECIFIC AND ACTIONABLE THREATS OR DETAILS SUGGESTING IMMINENT HARM TO THEMSELVES OR OTHERS, WE MAY ESCALATE THE INFORMATION TO APPROPRIATE AUTHORITIES IN ORDER TO PROTECT LIFE AND SAFETY.

Please carefully read these Terms of Use (“Terms”). The terms “you,” “your,” and “yourself” refer to the individual user of the Service. The Terms govern and apply to your access and use of the platform offered by Supportiv Inc. d/b/a Supportiv (“Supportiv”), the Supportiv website (collectively, the “Service”), services that may be made available via Supportiv mobile apps (“App”), and any information, text, graphics, audio, music, videos, photos, or other materials uploaded, downloaded or appearing on the Service (collectively referred to as “Content”).

YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SERVICES, YOU ARE INDICATING THAT YOU HAVE READ, THAT YOU UNDERSTAND, AND THAT YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU REGISTER FOR A DISCOUNTED OR FREE TRIAL OF THE SERVICES, OR ARE HAVING YOUR USAGE PAID FOR BY A THIRD-PARTY, THESE TERMS ALSO GOVERN THAT USAGE. These Terms include the provisions in this document, as well as those in the Supportiv Privacy Policy: https://supportiv.com/privacy-policy. If you do not agree to all of these Terms, you are not authorized to use the Service.

Question 2

MEDICAL DISCLAIMER

Accepted Answer

YOU UNDERSTAND AND AGREE THAT SUPPORTIV (I) IS NOT A MEDICAL CARE PROVIDER, (II) IS NOT A SUBSTITUTE FOR SEEKING MEDICAL CARE, (III) DOES NOT PROVIDE THERAPY, MEDICAL, PSYCHIATRIC, OR PSYCHOLOGICAL ADVICE, AND (IV) CANNOT BE USED TO DIAGNOSE, TREAT, OR PREVENT ANY DISEASE OR CONDITION. SUPPORTIV ALSO DOES NOT OFFER LEGAL OR FINANCIAL ADVICE.

IF YOU RESIDE IN THE UNITED STATES, PLEASE NOTE THAT THESE TERMS OF USE CONTAIN AN ARBITRATION CLAUSE AND CLASS ACTION WAIVER. BY ACCEPTING THESE TERMS, YOU AGREE TO BE BOUND BY THIS ARBITRATION PROVISION.

Question 3

Service Information and Limitations

Accepted Answer

SUPPORTIV IS AN ONLINE PLATFORM THROUGH WHICH INDIVIDUALS MAY ENGAGE IN AND RECEIVE PEER SUPPORT. THE SERVICE IS NOT A REPLACEMENT OF SUBSTITUTE FOR PROFESSIONAL LEGAL OR FINANCIAL GUIDANCE. THE SERVICE IS NOT A REPLACEMENT OR SUBSTITUTE FOR CONSULTATION WITH A MEDICAL CARE OR SERVICE PROFESSIONAL. NO LICENSED MEDICAL PROFESSIONAL/PATIENT RELATIONSHIP IS CREATED BY USING INFORMATION AND/OR SERVICES PROVIDED BY OR THROUGH THE USE OF THE SITE OR THROUGH ANY OTHER COMMUNICATIONS FROM US. NOTHING STATED OR POSTED ON THE SITE OR AVAILABLE THROUGH ANY SERVICES IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICINE OR THE PROVISION OF MEDICAL CARE. NEVER DISREGARD PROFESSIONAL OR MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ OR HEARD ON THE SERVICE.

Supportiv represents that it has no licensing or other expertise in diagnosing, examining, or treating medical conditions of any kind, or in determining the effect of peer support on a medical condition. If you engage in the Supportiv peer support service, you agree that you do so at your own risk, are voluntarily participating in these activities, assume all risk yourself, and agree to release and discharge Supportiv from any and all claims or causes of action, known or unknown, arising out of your participation in or use of any peer support made available by Supportiv.

Without limitation, Supportiv does not endorse any specific content, services, tests, providers, medications, products or procedures. None of the Content represents or warrants that any particular medication or treatment is safe, appropriate, or effective for you.

You will only use the Services for your own internal, personal, non-commercial use, and not on behalf of or for the benefit of any third party, and only in a manner that complies with all laws that apply to you. By accessing or using the Services you represent and warrant that you are not legally prohibited from accessing the Services under the laws of the country in which you access or use them. If your use of the Services is prohibited by applicable laws, then you aren’t authorized to use the Services. We can’t and won’t be responsible for your using the Services in a way that breaks the law.

Question 4

ACCEPTABLE USE: Eligibility and Ability to Accept Terms

Accepted Answer

You affirm that you are 13 or more years of age and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms.

The Children’s Online Privacy Protection Act (“COPPA”) requires that online service providers obtain parental consent before they knowingly collect personal information online from children who are under 13. We do not knowingly collect or solicit personal information from children under 13. If you are a child under 13, please do not attempt to register for the Services or send any personal information about yourself to us. Please talk to your parents or caregivers about what sites are appropriate for you. If we learn we have collected personal information from a child under 13, we will delete that information as quickly as possible and terminate the associated account. If you believe that a child under 13 may have provided us personal information, please contact us at info@supportiv.com.

If you access the Service via a sponsored third party channel (such as employer, school, or healthcare partner) without legitimate eligibility, including by geographic masking (e.g., VPN) or falsifying your identity, you are in violation of these Terms. Such unauthorized access may result in immediate suspension or permanent banning from the Service.

If your access is sponsored by a third party (e.g., employer, school, insurer), you represent that you are authorized by such third party and that they have agreed to be bound by these Terms on your behalf.

Question 5

Profile Creation

Accepted Answer

As an anonymous service, Supportiv does not request, require or collect personal information. We reserve the right to terminate any user Account at any time for violation of the Terms or other conduct we deem detrimental to the Service. You may terminate your Account at any time.

Question 6

Privacy

Accepted Answer

You acknowledge that Supportiv may collect de-identified (a) data, (b) meta-data and (c) research data through your use of the Service. Such information may be used by Supportiv but will not be shared with or sold to any third party.

You are not required to share your personal health information (“PHI”) or any user-identifying information on the platform. In instances where you choose to share personally identifying information, it remains the sole property of Supportiv.

By using the Service, you grant Supportiv the right to use any and all data you provide including de-identified session text, de-identified content and behavioral metadata, for the purposes of artificial intelligence and machine learning training and development, service improvement, internal analytics, academic research, and publication. You acknowledge that such data may be retained indefinitely in anonymized or de-identified form.

You are solely responsible for the information or material you post on the Service, and may be liable for any damages that could occur as a result of the public dissemination of such information or material. While Supportiv strives to scrub prohibited information posted to its services as quickly as it reasonably can, it is ultimately the Users’ responsibility to comply with the Terms of Use and not post any personally identifiable information on the Service.

If you choose to email, call, text, or otherwise contact Supportiv, or if you voluntarily provide contact details (e.g., name, phone number, email address) or any other personally identifying information, you do so at your own discretion and risk. For users outside of the European Union, Supportiv is not responsible for any such disclosures and cannot guarantee deletion of that information from our systems once submitted. Users residing within the European Union may request deletion in compliance with GDPR rules.

You agree that Supportiv may collect and use all data provided to or created by the Service in compliance with Supportiv’s Privacy Policy. Supportiv retains de-identified and user-provided data in accordance with its Privacy Policy for as long as necessary to fulfill the purposes described therein, to comply with legal obligations, resolve disputes, enforce agreements, or for legitimate business interests.

For more information about how your personal information is handled, please see the privacy policy of Supportiv at https://supportiv.com/privacy-policy.

Question 7

Service Content

Accepted Answer

Our Service and the Content provided therein are for informational and educational purposes and are not a substitute for the professional judgment and advice of health care, legal, or financial professionals. Persons accessing this information assume full responsibility for the use of the information. Supportiv is not responsible or liable for any claim, loss, or damage arising from the use of the information.

You acknowledge that, in the course of using the Service, you may be exposed to content that is emotionally sensitive, upsetting, or otherwise disturbing. Supportiv is not liable for any distress or emotional harm you may experience in connection with such exposure.

You understand that Supportiv owns the Services. You won’t modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Section), creative derivative works based on, or otherwise exploit any of the Services.

We cannot control and have no duty to take any action regarding how you may interpret and use the Content or what actions you may take as a result of having been exposed to the Content, and you hereby release us from all liability for you having acquired or not acquired Content through the Services.

Question 8

Acceptable Use

Accepted Answer

You agree not to access or use the Service in an unlawful way or for an unlawful or illegitimate purpose or in any manner that contravenes these Terms. You shall not post, use, store or transmit (i) a message or information under false pretenses; (ii) information that is unlawful, libelous, defamatory, obscene, fraudulent, predatory of minors, harassing, threatening or hateful to any person; or (iii) information that infringes or violates any of the intellectual property rights of others or the privacy or publicity rights of others. You shall not attempt to disrupt the operation of the Service by any method, including through use of viruses, Trojan horses, worms, time bombs, denial of service attacks, flooding or spamming. You shall not use the Service in any manner that could damage, disable or impair the Service. You shall not attempt to gain unauthorized access to any user accounts or computer systems or networks, through hacking, password mining or any other means. You shall not use any robot, scraper or other means to access the Service for any purpose. Neither Supportiv nor its affiliates are under any obligation to respond to messages posted on the Service. You may not contact any Supportiv Moderators outside of the Service, and any attempt to do so will be a violation of these Terms. You are solely responsible for the information or material you post on the Service. Any contact you make with other Users of the Service is done at your own risk, and Supportiv expressly prohibits and disclaims any responsibility for such actions by Users. Any such contact outside the Service is done at Users’ sole risk and liability.

The following terms apply to any mobile applications (“app”) accessed through or downloaded from any source (such as the Apple App Store, Google Play, or other similar platforms) where the app is made available (each such distribution platform an “App Provider”). You acknowledge and agree that:

The Terms are between you and Supportiv only, and not with App Provider, and that App Provider is not responsible for the App or the Content;

The App is licensed to you on a limited, non-exclusive, non-transferrable, non-sub-licensable basis, solely to be used in connection with the Services for your private, personal, non-commercial use, subject to all the Terms;

The App Provider has no obligation to furnish any maintenance and support services with respect to the Application;

In the event of any failure of the App to conform to any applicable warranty, including those implied by law, you may notify App Provider of such failure; upon notification, App Provider’s sole warranty obligation to you will be to refund to you the purchase price, if any, of the App;

Supportiv, and not App Provider, is responsible for addressing any claims you or any third party may have in relation to the App;

If you download the App, such as a stand-alone software product or a browser plugin, you agree that from time to time, the software may download upgrades, updates and additional features from us in order to improve, enhance, and further develop the software, Service, or App. The Service may change from time to time and/or Supportiv may stop (permanently or temporarily) providing the Service (or features within the Service), possibly without prior notice to you.

Question 9

Service Fees

Accepted Answer

To the extent that your use of the Service is being paid for by an insurer or employer, the following terms are not applicable to you. Payment for use of the Service is used to compensate Supportiv for its development, overhead, administrative services, and other corporate costs and fees, including transaction fees for credit card usage. Part of your payment is remitted to the Moderators for the group support services provided to you. You agree to pay all applicable fees and charges associated with your Account on a timely basis and according to the fee schedule, the terms and the rates as published by Supportiv from time to time. Such fees and charges (including any taxes and late fees, as applicable) may be charged on the credit card, Apple Pay, Google Pay, Amazon pay, or PayPal account, or other payment channel provided. By providing Supportiv’s third party payment processors with your payment information, you authorize Supportiv to bill and charge your credit card.

Question 10

Moderators

Accepted Answer

Supportiv moderators are peer support facilitators, not licensed clinicians (“Moderators”). Supportiv assumes no responsibility for the quality of the services a moderated peer group provides, nor any act, omission or wrongdoing of any moderated peer group. While Supportiv will help you match with a moderated peer group, and follow up on any complaints about your current Moderator or group, Supportiv makes no representation or warranty whatsoever as to whether you will find the moderated peer group’s services relevant, useful, correct, satisfactory or suitable to your needs.

While Supportiv does research and verify certain documents of the Moderators using the Service, Supportiv cannot legally guarantee the verification of degrees, qualifications, licensure, certification, credentials, competence, or background of any Moderator as documents may be presented to Supportiv, third party credentialing services and other State Boards as accurate when they are not. You should never rely on or make health or well-being decisions purely on use of Supportiv. Never disregard, avoid, or delay in obtaining medical advice from your doctor or other qualified healthcare clinician, or by traditional face-to-face appointment, due to information or advice you received through Supportiv.

You acknowledge and agree that your sessions may be sampled, monitored, or audited—either in real time or retrospectively—for training, quality assurance, safety oversight, and service improvement purposes. Any such review will be conducted in accordance with Supportiv’s Privacy Policy and confidentiality practices.

Question 11

Communications

Accepted Answer

You consent to receive communications from us electronically. We may communicate with you by e-mail or text if you elect to provide your contact information, or by posting notices on the Site or the Services. You may receive announcements, administrative messages, service updates, or other non-transactional communications, and you agree to receive these communications. Text messages and other SMS alerts from Supportiv may incur a charge by your mobile phone service provider. You may opt out of receiving non-transactional text messages by emailing us at info@supportiv.com.

Question 12

Intellectual Property and Proprietary Rights

Accepted Answer

All trademarks, service marks, logos, trade names and any other proprietary designations of Supportiv used herein are trademarks or registered trademarks of Supportiv. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.

All of the content available on or through the Service is the property of Supportiv or its licensors and is protected by copyright, trademark, patent, trade secret and other intellectual property law. You agree not to reproduce, retransmit, distribute, disseminate, sell, publish, broadcast, or circulate the content received through the Service to any third party. All software and accompanying documentation made available for download from the Service is the copyrighted work of Supportiv or its licensors. Any copy made of information obtained through the Service must include all applicable copyright notices.

The Terms herein does not permit you, and you agree not to: (i) modify, translate, reverse engineer, disassemble, decompile or create derivative works of the Service or allow a third party, whether directly or indirectly (including, but not limited to the direct or indirect use of wizards, agents, bots, or other utilities), to modify, translate, reverse engineer, disassemble, decompile or create derivative works of the Service; or (ii) transfer, distribute, sell, lease, rent, disclose or provide access to the Service to any third party or use the Service to provide service bureau, time sharing or other services to third parties.

Question 13

Third-Party Links

Accepted Answer

The Site and Service may contain links to third-party websites or resources. You acknowledge and agree that Supportiv is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Supportiv. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the Content, products or services on or available from such websites or resources.

Question 14

Feedback

Accepted Answer

We welcome and encourage you to provide feedback, comments and suggestions (collectively “Feedback”) for improvements to the Site. You may submit feedback by emailing us at info@supportiv.com. You acknowledge and agree that all Feedback will be the sole and exclusive property of Supportiv and you hereby irrevocably assign to Supportiv and agree to irrevocably assign to Supportiv all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein. At Supportiv’s request and expense, you will execute documents and take such further acts as Supportiv may reasonably request to assist Supportiv to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.

Question 15

Your Content

Accepted Answer

Registered Users may be provided opportunities to contribute Content visible to other Users. “Content” means text, graphics, images, music, software (excluding the Application), audio, video, information or other materials. You acknowledge and agree that you alone are responsible for any and all Content you post on the Service.

By submitting a testimonial, comment, or review about the Service (including via surveys or written communications), you grant Supportiv a perpetual, irrevocable, royalty-free license to use, publish, and display such content, including for promotional, marketing, and commercial purposes, without further notice or compensation to you.

When you contribute Content, you represent and warrant that you have the right, power, and authority to post that Content. You further represent and warrant that by posting or providing such Content you will not violate third-party rights of any kind, including, without limitation, any Intellectual Property Rights, rights of publicity, and privacy rights. To the extent your Content may be copyrightable, you represent, warrant, and covenant that you are the owner of all the copyright rights to such Content and that we may exercise the rights to your Content granted under the Terms without any liability or obligation for any payment.

Question 16

International Use

Accepted Answer

If you access the Site from a location outside the United States, you are responsible for compliance with all applicable laws, rules, regulations or decrees of your jurisdiction. Without limiting the generality of the foregoing, no software, information or technology may be downloaded or otherwise exported or re-exported (a) into Cuba, North Korea, Iran, Sudan, Syria or any other country for which the U.S. maintains an embargo on such exports, or (b) to a person or entity identified on lists of the U.S. Treasury Department (e.g., Specially Designated Nationals, Denied Persons or Entities) or the U.S. Commerce Department (e.g., Entity List, Table of Deny Orders), which control such exports.

You further represent and warrant that you are not: (i) located in a country that is subject to a U.S. Government embargo or designated by the U.S. Government as a “terrorist-supporting” country; and (ii) listed on any U.S. Government list of prohibited or restricted parties. You agree not to export or re-export the Services to such countries or individuals.

Question 17

User Affirmations

Accepted Answer

By using the Service, you represent, warrant and agree to the following:

You represent and warrant that you: (i) have the legal right and authority to enter into these Terms; (ii) will comply with all applicable laws; (iii) will not misrepresent your identity or affiliation; and (iv) will not use the Services for unlawful or exploitative purposes.

You are solely responsible for compliance with any and all laws, rules, regulations, or obligations that may apply to your use of the Service.

Nothing that you upload, publish, represent, warrant or transmit using the Site or Service, will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

You will not use manual or automated software, devices, scripts, redirects, robots, other means or processes to access, “frame,” “mirror,” “scrape,” “crawl” or “spider” any web pages or other services contained in the Services.

You will not use the Service for any commercial or other purposes that are not expressly permitted by these Terms.

You will not contact Moderators or fellow Users outside the Service.

You will not copy, store or otherwise access any information contained on the Service for purposes not expressly permitted by these Terms.

You will not interfere with or damage the Service, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology.

You will not impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity.

You will not systematically retrieve data or Content from the Service to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise.

You will not access, tamper with, or use non-public areas of the Site or Service, Supportiv’s computer systems, or any third-party provider system.

You will not attempt to probe, scan, or test the vulnerability of any Supportiv system or network or breach any security or authentication measures.

You will not avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Supportiv or any of Supportiv’s providers or any other third party (including another Users) to protect the Site or Service.

You will not advocate, encourage, or assist any third party in doing any of the foregoing.

Supportiv will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. Supportiv may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms.

You acknowledge that Supportiv has no obligation to monitor your access to or use of the Service, but has the right to do so for the purpose of operating the Service, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body.

Question 18

Notice to California Residents

Accepted Answer

If you are a California resident, under California Civil Code § 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210 in order to resolve a complaint regarding the Services or to receive further information regarding use of the Services.

Question 19

Termination

Accepted Answer

Supportiv may suspend or terminate your access to the Service at any time, for any reason or for no reason at all. Supportiv has the right (but not the obligation) to refuse to provide access to the Service to any person, agency or organization at any time, for any reason or for no reason at all, in our sole discretion. Supportiv reserves the right to change, suspend, or discontinue all or part of the Service, temporarily or permanently, without prior notice.

Upon termination of your Account or Profile, all rights granted to you under these Terms will immediately cease. You will remain liable for any fees incurred prior to such termination. Supportiv reserves the right to retain and use your data in accordance with its Privacy Policy, including de-identified usage data.

Supportiv reserves the right to modify, suspend, or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. Supportiv shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service.

In the event of any account suspension or termination for cause, you shall not be entitled to any refund of fees paid, and Supportiv shall have no liability for any loss of access or data.

Question 20

Disclaimers

Accepted Answer

IN THE EVENT OF ANY PROBLEM WITH THE SERVICE OR ANY OF ITS CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THE SERVICE. UNDER NO CIRCUMSTANCES SHALL SUPPORTIV, ANY SUPPORTIV LICENSOR OR SUPPLIER, OR ANY THIRD PARTY WHO PROMOTES THE SERVICE OR PROVIDES YOU WITH A LINK TO THE SERVICE BE LIABLE IN ANY WAY FOR YOUR USE OF THE SERVICE OR ANY OF ITS CONTENT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, ANY INFRINGEMENT BY ANY CONTENT OF THE INTELLECTUAL PROPERTY RIGHTS OR OTHER RIGHTS OF THIRD PARTIES, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT.

UNDER NO CIRCUMSTANCES SHALL SUPPORTIV, ITS LICENSORS OR SUPPLIERS OF NON-MEDICAL SERVICES OR ANY THIRD PARTY WHO PROMOTES THE SERVICE OR PROVIDES YOU WITH A LINK TO THE SERVICE, BE LIABLE FOR ANY PUNITIVE, EXEMPLARY, CONSEQUENTIAL, INCIDENTAL, INDIRECT OR SPECIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY PERSONAL INJURY, LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR COMPUTER OR OTHERWISE) ARISING FROM OR IN CONNECTION WITH YOUR USE OF THE SERVICE, WHETHER UNDER A THEORY OF BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, MALPRACTICE OR OTHERWISE, EVEN IF SUPPORTIV OR THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SUPPORTIV DOES NOT WARRANT THAT ACCESS TO THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED; NOR DOES SUPPORTIV MAKE ANY REPRESENTATIONS ABOUT THE ACCURACY, RELIABILITY, CURRENCY, QUALITY, COMPLETENESS, USEFULNESS, PERFORMANCE, SECURITY, LEGALITY OR SUITABILITY OF THE SERVICE OR ANY OF THE INFORMATION CONTAINED THEREIN. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE AND YOUR RELIANCE UPON ANY OF ITS CONTENTS IS AT YOUR SOLE RISK.

YOU SHALL BE SOLELY AND FULLY RESPONSIBLE FOR ANY DAMAGE TO THE SERVICE OR ANY COMPUTER SYSTEM, ANY LOSS OF DATA, OR ANY IMPROPER USE OR DISCLOSURE OF INFORMATION ON THE SERVICE CAUSED BY YOU OR ANY PERSON USING YOUR USERNAME OR PASSWORD. SUPPORTIV CANNOT AND DOES NOT ASSUME ANY RESPONSIBILITY FOR ANY LOSS, DAMAGES OR LIABILITIES ARISING FROM THE FAILURE OF ANY TELECOMMUNICATIONS INFRASTRUCTURE, OR THE INTERNET OR FOR YOUR MISUSE OF ANY PROTECTED HEALTH INFORMATION, ADVICE, IDEAS, INFORMATION, INSTRUCTIONS OR GUIDELINES ACCESSED THROUGH THE SERVICE.

YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS SUPPORTIV, ITS AFFILIATES, LICENSORS, SUPPLIERS, AND SERVICE PROVIDERS, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AND AGENTS FROM AND AGAINST ANY CLAIMS, LIABILITIES, DAMAGES, JUDGMENTS, AWARDS, LOSSES, COSTS, EXPENSES, OR FEES (INCLUDING REASONABLE ATTORNEYS’ FEES) ARISING OUT OF OR RELATING TO YOUR VIOLATION OF THESE TERMS OR YOUR USE OF THE SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY USE OF THE SERVICES’ CONTENT, SERVICES, OR PRODUCTS OTHER THAN AS EXPRESSLY AUTHORIZED IN THESE TERMS OR YOUR USE OF ANY INFORMATION OBTAINED FROM THE SERVICES.

The original, legally binding version of this document is written in English. If it is translated into other languages by non-native English-speakers or by software, there may be discrepancies between the English version and the translated version. If so, the English version supersedes the translated version.

Question 21

Disputes

Accepted Answer

These Terms are governed by the laws of the State of Delaware, without regard to any conflict of laws rules or principles. You agree to submit to the venue and jurisdiction of the California courts. Supportiv’s failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

Any dispute or claim relating in any way to your use of the Service will be resolved by binding confidential arbitration, rather than in court. The Federal Arbitration Act and federal arbitration law apply to these Terms.

The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section. (The AAA Rules are available at www.adr.org/ or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section.

There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must adhere to these Terms as a court would.

It is agreed that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration, Supportiv and you each waive any right to a jury trial. It is further agreed that you may not bring suit in court to enjoin infringement or other misuse of intellectual property rights.

This arbitration provision shall survive termination of these Terms and shall apply to all claims, disputes, or causes of action, regardless of when they arose or accrued.

Question 22

General

Accepted Answer

Supportiv shall not be held liable for any failure or delay in performance under these Terms due to causes beyond its reasonable control, including but not limited to acts of God, war, terrorism, riots, embargoes, natural disasters, failures of any public or private telecommunications networks, labor disputes, shortages, pandemics, epidemics, or governmental acts.

If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. Notices required to be given to you by Supportiv may be delivered by electronic mail to the address provided during the creation of your Account. Supportiv may revise these Terms from time to time without notice to you. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms.

The failure of Supportiv to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

The following sections will survive any termination of your access to the Service: Privacy, Disclaimers, Indemnification, Arbitration, Intellectual Property, and any provision intended by its nature to survive termination.

Terms of Use

Last Updated: June 10, 2025